Human Rights of Persons with disabilities

The rights of persons with disabilities to equality and inclusion
are now recognised at the international level, in particular thanks
to the 2006 UN Convention on the Rights of Persons with
Disabilities. This human rights based approach to disability
requires a complete break with traditional attitudes marked by an
often well-meaning but misguided condescension towards persons with
disabilities. Accordingly, past policies focusing only on
institutional care, medical rehabilitation and welfare benefits must
be overhauled. Instead, states must fulfil their obligation to
remove the barriers that hinder persons with disabilities from
taking control of their lives and becoming active citizens
contributing to our societies.

Unfortunately, progress has been slow and the estimated 80
million Europeans living with disabilities are still discriminated
everywhere and in many fields of life. Children with disabilities
are denied their educational rights because schools are not equipped
to meet their needs. Job opportunities are limited due to
discriminatory practices and inaccessible workplaces, making people
dependent on social benefits. Flawed systems of guardianship prevent
people from taking decisions affecting their lives. Several Council
of Europe member states still hesitate to close down residential
institutions and develop community-based services for persons with
disabilities arguing that institutional care is necessary for
persons with multiple or “profound” disabilities.

The Commissioner regularly raises this topic with authorities in
member states, and has expressed his concerns about these persistent
problems in country monitoring reports. Through specific thematic
publications, such as the issue papers on legal capacity and the
right to live in the community, he also seeks to raise awareness
about the extent of the states’ obligations and to contribute to the
process of policy change.

Observations submitted by the Commissioner to the
European Court of Human Rights in the case of The Centre
for Legal Resources on behalf of Valentin Câmpeanu v.
Romania (Application No. 47848/08) and press release

* "All reference to Kosovo, whether to the territory,
institutions or population, in this text shall be understood in
full compliance with United Nations Security Council Resolution
1244 and without prejudice to the status of Kosovo."